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The Personal Privacy Right Protection Of Human Flesh Search

Posted on:2014-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZhaoFull Text:PDF
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In2008, Chaoyang District People’s Court heard the the Faye Wong v. bannernetwork, Tianya case of migratory birds flying north three sites [Faye Wong v. bannernetwork, the Beijing Chaoyang District People’s Court Faye Wong v. banner networkreputation infringement case of civil judgments "towards Chu Zi No.29276(2008).And made a first instance verdict, bringing China’s "human flesh search case came toa close, the instant case the plaintiff Faye alleged three websites published reprintreported about the suicide of his wife, and without their own allowed The followingpublic disclosure of their personal information, prompting netizens human fleshsearch activities gradually find its work, address and other personal privacyinformation and madness spread in the network. This behavior is a direct result ofFaye Wong is harassment in working life, is dismissed, seriously affected the normalprivate life and family. The court by a cross-check, the final judgment Faye Wongwon the first trial.In recent years, China’s human flesh search intensified violations, if not beregulated, it will bring bad influence, is not conducive to the protection of thelegitimate rights and interests of citizens, is not conducive to the construction anddevelopment of China’s network environment. Through the analysis of the first caseof China’s human flesh search is not difficult to find cause human flesh searchbehavior violated the privacy of individual citizens include: first, our search forhuman flesh and internet privacy is not directly defined very fragmented, networkinformation security protection legislation Click time prevention of network violenceto the lack of relevant legislation to protect; Second, China’s Internet industry coversa wide lack of uniform standards of management and the management of theauthoritative nature of institutions, website operators are often driven by interests, toearn the rate and unscrupulous views; Third, the current lack of key technologies insoftware protection, tort, there is no effective tracking means for hackers and othercriminals, it is difficult to find the true identity of the infringer; Fourth, citizensprivacy rights protection awareness is weak, reflected in the information securityawareness check, free to disclose their own personal information on the one hand, onthe other hand showed no scruples search reprint of another’s privacy, unaware ofothers’ rights have been infringed.The foregoing analysis, caused by tort in human flesh search, the lack ofeffective protection measures, the victim in a timely manner and serious harm tocitizens’ privacy rights. And domestic scholars to study the issue, most of the focus on the Apply mature foreign experience, does not propose a regulatory approach forChina’s current circumstances, there are still many unreasonable in practice. Discussthis article will divided into four parts: the first part through the analysis of the basicmeaning of clear human flesh search, characteristics and impact. The second part is toanalyze, through a discussion of the meaning of the Privacy and Network Privacyhuman flesh search legal elements of invasion of personal privacy. The third part,clear research through discussion of relevant legislation and developed countriesexperience now turn. The fourth part, by the above detailed analysis on how toregulate the "human flesh search" to the protection of personal privacy made somesuggestions.
Keywords/Search Tags:human flesh search, privacy, personal information, legal protection, real-name authentication system
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